Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AHQ16 v Minister for Immigration and Border Protection [2018] FCA 1128 Appeal from: AHQ16 v Minister for Immigration and Border Protection [2017] FCCA 2291
File number: NSD 1963 of 2017
Judge: FLICK J
Date of judgment: 1 August 2018
Catchwords: MIGRATION – Protection visas – appeal from decision of the Federal Circuit Court to dismiss an application for review of a decision of the Administrative Appeals Tribunal not to grant a Protection visa – where Grounds of Appeal abandoned before the Federal Circuit Court – whether Tribunal failed to properly consider claims made PRACTICE AND PROCEDURE – where arguments abandoned before primary Judge – whether arguments should be permitted to be resurrected on appeal
Cases cited: AHQ16 v Minister for Immigration and Border Protection [2017] FCCA 2291 Khan v Minister for Immigration and Ethnic Affairs (unreported, FCA, Gummow J, 11 December 1987) NAJT v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 134, (2005) 147 FCR 51 SZNJE v Minister for Immigration and Border Protection [2016] FCA 803, (2016) 69 AAR 563 SZSZP v Minister for Immigration and Border Protection [2014] FCCA 1140 SZSZP v Minister for Immigration and Border Protection [2015] FCA 110 SZTAL v Minister for Immigration and Border Protection [2017] HCA 34, (2017) 347 ALR 405 Williams v Minister for the Environment and Heritage [2003] FCA 535, (2003) 74 ALD 124
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